Eric Holder to Kansas governor: New state gun law unconstitutional
A new law in Kansas that prevents government agents from enforcing federal gun laws in the state is unconstitutional, Attorney General Eric H. Holder said.
“In purporting to override federal law and to criminalize the official acts of federal officers, [the law] directly conflicts with federal law and is therefore unconstitutional,” Mr. Holder wrote to Gov. Sam Brownback in a letter dated April 26. “Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.”
The measure, known as the Second Amendment Protection Act, prevents any law enforcement official from enforcing any federal regulation or law governing any firearm, accessory, or ammunition “manufactured commercially or privately and owned in Kansas, provided it remains within the borders of Kansas.”
It also exempts any firearm of the same description from federal regulation and allows state officials to enjoin agents from enforcing federal gun laws regarding firearms owned in the state.
“In purporting to override federal law and to criminalize the official acts of federal officers, [the law] directly conflicts with federal law and is therefore unconstitutional,” Mr. Holder wrote to Gov. Sam Brownback in a letter dated April 26. “Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.”
The measure, known as the Second Amendment Protection Act, prevents any law enforcement official from enforcing any federal regulation or law governing any firearm, accessory, or ammunition “manufactured commercially or privately and owned in Kansas, provided it remains within the borders of Kansas.”
It also exempts any firearm of the same description from federal regulation and allows state officials to enjoin agents from enforcing federal gun laws regarding firearms owned in the state.
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